[105th Congress Public Law 309]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ309.105]
[[Page 112 STAT. 2935]]
Public Law 105-309
105th Congress
An Act
To <<NOTE: Oct. 30, 1998 - [H.R. 1274]>> authorize appropriations for
the National Institute of Standards and Technology for fiscal years 1998
and 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Technology
Administration Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 15 USC 271 note.>>
This Act may be cited as the ``Technology Administration Act of
1998''.
SEC. 2. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM CENTER EXTENSION.
Section 25(c)(5) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(c)(5)) is amended by striking
``, which are designed'' and all that follows through ``operation of a
Center.'' and inserting in lieu thereof ``. After the sixth year, a
Center may receive additional financial support under this section if it
has received a positive evaluation through an independent review, under
procedures established by the Institute. Such an independent review
shall be required at least every two years after the sixth year of
operation. Funding received for a fiscal year under this section after
the sixth year of operation shall not exceed one third of the capital
and annual operating and maintenance costs of the Center under the
program.''.
SEC. 3. MALCOLM BALDRIGE QUALITY AWARD.
(a) Additional Awards.--Section 17(c)(3) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended by
inserting ``, unless the Secretary determines that a third award is
merited and can be given at no additional cost to the Federal
Government'' after ``in any year''.
(b) Categories.--Section 17(c)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3711a(c)(1)) is amended by adding at
the end the following:
``(D) Health care providers.
``(E) Education providers.''.
SEC. 4. NOTICE.
(a) Redesignation.--Section 31 of the National Institute of
Standards and Technology Act <<NOTE: 15 USC 271 note.>> is redesignated
as section 32.
(b) Notice.--The National Institute of Standards and Technology Act
(15 U.S.C. 271 et seq.) is amended by inserting after section 30 the
following new section:
[[Page 112 STAT. 2936]]
``notice
``Sec. 31. (a) Notice of Reprogramming.--If any funds authorized for
carrying out this <<NOTE: 15 USC 278p.>> Act are subject to a
reprogramming action that requires notice to be provided to the
Appropriations Committees of the House of Representatives and the
Senate, notice of such action shall concurrently be provided to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
``(b) Notice of Reorganization.--
``(1) Requirement.--The Secretary shall provide notice to
the Committees on Science and Appropriations of the House of
Representatives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not later than
15 days before any major reorganization of any program, project,
or activity of the Institute.
``(2) Definition.--For purposes of this subsection, the term
`major reorganization' means any reorganization of the Institute
that involves the reassignment of more than 25 percent of the
employees of the Institute.''.
SEC. 5. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of the Congress
that the National Institute of Standards and Technology should--
(1) give high priority to correcting all 2-digit date-
related problems in its computer systems to ensure that those
systems continue to operate effectively in the year 2000 and
beyond; and
(2) develop contingency plans for those systems that the
Institute is unable to correct in time.
SEC. 6. <<NOTE: 15 USC 272 note.>> ENHANCEMENT OF SCIENCE AND
MATHEMATICS PROGRAMS.
(a) Definitions.--In this section--
(1) Educationally useful federal equipment.--The term
``educationally useful Federal equipment'' means computers and
related peripheral tools and research equipment that is
appropriate for use in schools.
(2) School.--The term ``school'' means a public or private
educational institution that serves any of the grades of
kindergarten through grade 12.
(b) Sense of the Congress.--
(1) In general.--It is the sense of the Congress that the
Director of the National Institute of Standards and Technology
should, to the greatest extent practicable and in a manner
consistent with applicable Federal law (including Executive
Order No. 12999), donate educationally useful Federal equipment
to schools in order to enhance the science and mathematics
programs of those schools.
(2) Reports.--
(A) <<NOTE: Deadline.>> In general.--Not later than
1 year after the date of the enactment of this Act, and
annually thereafter, the Director of the National
Institute of Standards and Technology shall prepare and
submit to the President a report. The
President <<NOTE: President.>> shall submit the report
to Congress at the same time as the President submits a
budget request to Congress under section 1105(a) of
title 31, United States Code.
[[Page 112 STAT. 2937]]
(B) Contents of report.--The report prepared by the
Director under this paragraph shall describe any
donations of educationally useful Federal equipment to
schools made during the period covered by the report.
SEC. 7. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 19 the following:
``Sec. 19A. <<NOTE: 15 USC 278g-2a.>> (a) The Director shall
establish within the Institute a teacher science and technology
enhancement program to provide for professional development of
mathematics and science teachers of elementary, middle, and secondary
schools (as those terms are defined by the Director), including
providing for the improvement of those teachers with respect to the
understanding of science and the impacts of science on commerce.
``(b) In carrying out the program under this section, the Director
shall focus on the areas of--
``(1) scientific measurements;
``(2) tests and standards development;
``(3) industrial competitiveness and quality;
``(4) manufacturing;
``(5) technology transfer; and
``(6) any other area of expertise of the Institute that the
Director determines to be appropriate.
``(c) The Director shall develop and issue procedures and
selection criteria for participants in the program.
``(d) The program under this section shall be conducted on an annual
basis during the summer months, during the period of time when a
majority of elementary, middle, and secondary schools have not commenced
a school year.
``(e) The program shall provide for teachers' participation in
activities at the laboratory facilities of the Institute, or shall
utilize other means of accomplishing the goals of the program as
determined by the Director, which may include the Internet, video
conferencing and recording, and workshops and conferences.''.
SEC. 8. <<NOTE: 15 USC 1511e.>> OFFICE OF SPACE COMMERCIALIZATION.
(a) Establishment.--There is established within the Department of
Commerce an Office of Space Commercialization (referred to in this
section as the ``Office'').
(b) Director.--The Office shall be headed by a Director, who shall
be a senior executive and shall be compensated at a level in the Senior
Executive Service under section 5382 of title 5, United States Code, as
determined by the Secretary of Commerce.
(c) Functions of the Office; Duties of the Director.--The Office
shall be the principal unit for the coordination of space-related
issues, programs, and initiatives within the Department of Commerce. The
primary responsibilities of the Director, in carrying out the functions
of the Office, shall include--
(1) promoting commercial provider investment in space
activities by collecting, analyzing, and disseminating
information on space markets, and conducting workshops and
seminars to increase awareness of commercial space
opportunities;
(2) assisting United States commercial providers in the
efforts of those providers to conduct business with the United
States Government;
[[Page 112 STAT. 2938]]
(3) acting as an industry advocate within the executive
branch of the Federal Government to ensure that the Federal
Government meets the space-related requirements of the Federal
Government, to the fullest extent feasible, using commercially
available space goods and services;
(4) ensuring that the United States Government does not
compete with United States commercial providers in the provision
of space hardware and services otherwise available from United
States commercial providers;
(5) promoting the export of space-related goods and
services;
(6) representing the Department of Commerce in the
development of United States policies and in negotiations with
foreign countries to ensure free and fair trade internationally
in the area of space commerce; and
(7) seeking the removal of legal, policy, and institutional
impediments to space commerce.
SEC. 9. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by adding at the end the following:
``(f ) Experimental Program To Stimulate Competitive Technology.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish for fiscal year 1999 a program to be
known as the Experimental Program to Stimulate Competitive
Technology (referred to in this subsection as the `program').
The purpose of the program shall be to strengthen the
technological competitiveness of those States that have
historically received less Federal research and development
funds than those received by a majority of the States.
``(2) Arrangements.--In carrying out the program, the
Secretary, acting through the Under Secretary, shall--
``(A) enter into such arrangements as may be
necessary to provide for the coordination of the program
through the State committees established under the
Experimental Program to Stimulate Competitive Research
of the National Science Foundation; and
``(B) cooperate with--
``(i) any State science and technology council
established under the program under subparagraph
(A); and
``(ii) representatives of small business firms
and other appropriate technology-based businesses.
``(3) Grants and cooperative agreements.--In carrying out
the program, the Secretary, acting through the Under Secretary,
may make grants or enter into cooperative agreements to provide
for--
``(A) technology research and development;
``(B) technology transfer from university research;
``(C) technology deployment and diffusion; and
``(D) the strengthening of technological
capabilities through consortia comprised of--
``(i) technology-based small business firms;
``(ii) industries and emerging companies;
[[Page 112 STAT. 2939]]
``(iii) universities; and
``(iv) State and local development agencies
and entities.
``(4) Requirements for making awards.--
``(A) In general.--In making awards under this
subsection, the Secretary, acting through the Under
Secretary, shall ensure that the awards are awarded on a
competitive basis that includes a review of the merits
of the activities that are the subject of the award.
``(B) Matching requirement.--The non-Federal share
of the activities (other than planning activities)
carried out under an award under this subsection shall
be not less than 25 percent of the cost of those
activities.
``(5) Criteria for states.--The Secretary, acting through
the Under Secretary, shall establish criteria for achievement by
each State that participates in the program. Upon the
achievement of all such criteria, a State shall cease to be
eligible to participate in the program.
``(6) Coordination.--To the extent practicable, in carrying
out this subsection, the Secretary, acting through the Under
Secretary, shall coordinate the program with other programs of
the Department of Commerce.
``(7) Report.--
``(A) In general.--Not later than 90 days after the
date of the enactment of the Technology Administration
Act of 1998, the Under Secretary shall prepare and
submit a report that meets the requirements of this
paragraph to the Secretary. Upon receipt of the report,
the Secretary shall transmit a copy of the report to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House of
Representatives.
``(B) Requirements for report.--The report prepared
under this paragraph shall contain with respect to the
program--
``(i) a description of the structure and
procedures of the program;
``(ii) a management plan for the program;
``(iii) a description of the merit-based
review
process to be used in the program;
``(iv) milestones for the evaluation of
activities to be assisted under the program in
fiscal year 1999;
``(v) an assessment of the eligibility of each
State that participates in the Experimental
Program to Stimulate Competitive Research of the
National Science Foundation to participate in the
program under this subsection; and
``(vi) the evaluation criteria with respect to
which the overall management and effectiveness of
the program will be evaluated.''.
SEC. 10. <<NOTE: 15 USC 3711 note.>> NATIONAL TECHNOLOGY MEDAL FOR
ENVIRONMENTAL TECHNOLOGY.
In the administration of section 16 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental
Technology shall be established as a separate nomination category with
appropriate unique criteria for that category.
[[Page 112 STAT. 2940]]
SEC. 11. INTERNATIONAL ARCTIC RESEARCH CENTER.
The Congress finds that the International Arctic Research Center is
an internationally-supported effort to conduct important weather and
climate studies, and other research projects of benefit to the United
States. It is, therefore, the sense of the Congress that, as with
similar research conducted in the Antarctic, the United States should
provide similar support for this important effort.
Approved October 30, 1998.
LEGISLATIVE HISTORY--H.R. 1274:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-64 (Comm. on Science).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Apr. 24, considered and passed
House.
Vol. 144 (1998):
Oct. 9, considered and passed
Senate, amended.
Oct. 13, House concurred in Senate
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 30, Presidential statement.
<all>